Is Filing a Car Accident Lawsuit Worth It?

A motor vehicle accident can upend your life. After a car crash, you might face medical bills, property damage, and time off work. While many car accident cases settle through the insurance claims process, a personal injury lawsuit may be necessary to get fair compensation. This may occur when there’s a dispute about who caused the accident or if insurance policy limits exceed your losses. Understanding when legal action makes sense can help you protect your rights as a car accident victim.

If you’re trying to figure out whether to move forward with a lawsuit, consider speaking with a car accident attorney licensed in your state to understand your options. They can also help you avoid a time-consuming and expensive lawsuit by negotiating with insurance companies instead.

In this article, you’ll find important information to help mitigate your losses after a car accident, including tips for dealing with car insurance companies and attorneys. In the discussion below, we review key considerations for you to keep in mind when determining whether to proceed with a lawsuit.

When Should You Consider Filing a Lawsuit?

Filing a car accident lawsuit may be your best option if the insurance company refuses to offer a fair settlement for your damages. Many car accident victims try to work directly with the driver’s insurance company first, but insurance adjusters often make low settlement offers that don’t cover all medical expenses, lost wages, and pain and suffering.

A personal injury lawsuit might make sense if you sustained serious injuries that require ongoing medical treatment or if the at-fault driver‘s insurance policy doesn’t provide enough coverage for your damages. You should also consider legal action if the insurance claim process stalls or the at-fault party denies responsibility for the auto accident.

The Insurance Claims Process

The insurance claims process is the standard operating procedure and comes before any legal action. The need for a lawsuit will stem from the insurance claims process failing to provide you with fair compensation.

After a car crash, you’ll file a car accident claim with your insurer or the at-fault party‘s insurance company. An insurance adjuster will review your filing and documentation, which may include:

• Police reports
• Medical records
• Property damage evidence
• Pay stubs
• Witness statements

After you complete medical treatment for your injuries or reach maximum recovery, your attorney will send the insurance company a demand letter. This will outline liability, medical expenses, lost wages, and non-economic damages, like pain and suffering. The letter also lists the settlement amount you seek.

Settlement negotiations follow. If you fail to reach an agreement or insurance coverage limits prohibit the full settlement amount you deserve, it’s time to file a personal injury lawsuit.

Statute of Limitations

Each state has a time limit for filing a lawsuit, known as the statute of limitations. This legal deadline varies by state, but often falls between one and three years from the date of the accident for personal injury claims.

Missing this deadline almost always means losing your right to seek compensation. Getting legal advice early is important.

Lawsuit Process

The car accident lawsuit process begins when you file a complaint with the court. The discovery phase follows, where both sides exchange information. Discovery can also involve depositions in which relevant parties answer questions under oath.

During this process, settlement negotiations often continue as both parties try to reach a car accident settlement. Many cases settle before trial. Those that don’t may go to mediation, arbitration, or trial.

How Long Will a Car Accident Case Take?

This can vary quite a bit. If the fault is clear and the injuries aren’t severe, a case may resolve through a settlement in as little as a few months. Others, often those involving serious injuries or complex disputes, can take a year or even several years if they go to trial.

Factors like the number of parties involved, the complexity of the injuries, and the willingness of the insurer to negotiate a fair payout can all impact the length of the legal process. Reaching a settlement is always a quicker solution than going to trial.

Difficulty in Winning a Car Accident Lawsuit

Winning a car accident lawsuit depends on proving that the other driver caused the crash and that you suffered real damages. This requires that you gather evidence to be presented. This might include:

• Police reports
• Witness statements
• Medical Records
• Accident scene footage

Evidence helps build a strong personal injury case. It should support your claims that the at-fault driver acted carelessly and that this carelessness directly caused your car accident injuries.

Can You File a Lawsuit If You Weren’t Injured?

You can still file a car accident lawsuit even if you weren’t physically injured, but the types of damages you can claim will be different. You’ll still need to prove the at-fault party caused the damages.

If you suffered significant property damage to your car or other items and the at-fault party or their insurance company isn’t offering enough to fix it, a property damage lawsuit may be able to help. You might also be able to recover for lost wages if the accident causes you to miss work.

Some states allow recovery for non-economic damages due to the emotional/psychological impact of an accident. These are still personal injury claims, but they may be harder to prove without physical injuries.

Average Settlement Amounts of a Car Accident Lawsuit

Settlement amounts vary based on the severity of injuries and damages. Minor accidents with property damage and small medical expenses might settle for a few thousand dollars. Cases involving serious injuries, extensive medical care, and long-term disability can result in settlements worth hundreds of thousands, or even millions, of dollars.

Several factors affect your potential payout. Lost wages and medical treatment costs, including past and future medical expenses, play a major role. Non-economic damages can also add to the total, but are harder to calculate. Wrongful death cases, sadly, often result in higher settlements due to the devastating loss families experience.

Some states follow comparative negligence rules. This means your compensation might be reduced if you share some blame for the accident. If you were 20% at fault, your payout could be reduced by that percentage. With experienced legal representation and solid evidence, many car accident victims can prove their cases and receive fair compensation.

There’s no set amount awarded for car accident lawsuits. An experienced car accident lawyer can review your specific situation and give you a realistic idea of what your car accident claim might be worth.

Can You File a Lawsuit If You’re Uninsured?

You can file a lawsuit even without auto insurance, but the process can be more complicated and varies by state. The results will largely depend on your state’s laws. If you were uninsured at the time of a motor vehicle accident, you can likely still seek compensation for property damage and medical expenses.

Many states have “no pay, no play” laws. These can restrict uninsured drivers from recovering non-economic damages even if the other driver was entirely at fault.

Considering a Car Accident Lawsuit? Speak With an Attorney

An experienced attorney licensed in your state can be an important ally in the aftermath of an auto accident. Their experience with personal injury laws can be invaluable for improving the outcome of your case.

A solid car accident attorney knows what makes compelling evidence for the claims/legal processes and how to obtain it. They use this information to calculate damages that support a well-drafted settlement demand. These lawyers also tend to be skilled negotiators. They can be particularly effective at dealing with insurance companies, whose goal is to provide you with the lowest possible settlement offer. A qualified personal injury lawyer, on the other hand, seeks to maximize your payout and get you the best possible settlement or court judgment.

Regardless of your needs, some of their most consequential advice comes early in the process, and there may be more options available than you realize. Hiring quality legal assistance ensures you’ll be aware of all of them.

FindLaw has built a reputable directory of car accident and personal injury attorneys. When you click on your location, you can review ratings and background information for local experts. Many offer free case evaluations to give you a better idea of how to proceed.